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SPEECH 



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HOK. ALBERT G. PORTER 



OF INDIANA. 



DELIVERED IN THE HOUSE OE REPRESENTATIVES, JUNE 4, 1S62.. 



Mr. POUTER having tnoverl to reoonsivier the vote by which the bill of the House, (No. 472,) to 
type from scrvitndo thi' sluvi's of rebels enffu'joil in alietlini; tlie i.'Xistinir rebellion against Ihe Govcru- 
miiit of the Uiiiled Stales, wua rgeclud, addressed the House a» follows: 

Mr. Speaker: My purpose in moving to reconsider the vote by which the bill reported 
from the .Special Committee by the tjeiitlemati from Massachusetts [Mr. Eliot] was re- 
jected, was, as I have heretofore exphiiued, to enable me to offer an amendment limiting 
the slaves to be emancipated, by virtue of the provisions of the bill, to those held by 
the conspirators who originated this rebellion and those conspicuous classes who 
have chiefly fostered and encouraged it and been its main pillars and supports. The 
previous question having l><>en sustained before I had an opportunity to offer an amend- 
ment, there was no way left but a resort to this circuitous and awkward method to reach 
the object which I desired to attain. » 

The bill reported by the gentleman from Massachusetts provided for an indiscriminate 
and sweeping liberation of tin slaves of all persons who have been implicated, however 
remotely' or indirectly, in this rebellion. It seemed to me to inflict a severe and excessive 
chastisement upon many who have been drawn into the rebellion by monstrous misrep- 
resentation, raiaappi-eliension, and delusion, and w*lio, if the presisure which has overborne 
them were for a day removed, would instantly and gladly return to their allegiance. But 
this was by no means t;he gravest objection. I feared that it would render insecare the 
right to persons held to service by loyal men, under the solemn protection of the Fed- 
eral Constitution in the rebellious States, who have under every circumstance of insult, 
oppression, aiid humiliation, been faithful to their allegiance. Nor was I leas apprehen- 
sive tha' it would tend to create a not ill-founded uneasiness and alarm in the minds of 
loyal men in the border slavehoidinix States, who. however much their conduct may 
have been lightly criticised, have exhibited their devotion to the Union by sending into 
the field many thousands of brave men to vindicate the insulted honor of our flag 
and restore 'he supremacy of the Constitution. 

The kind of a bill which, in my judgment, ought to be passed, is one which will de- 
prive of their slaves all those conspicuous criminals who b}^ their official and social pos^y^ 
tions are the chief support of the rebellion, and without whom it could not contia>«^ .■ 



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an hour. 

At the proper time, therefore, if the motion to reconsider shall prevail, x n^p,, 
recommit the bill to the special committee on confiscation, with instructions to 1,^'"^? -^ 
its stead the substitute which I send to the clerk's desk to be read. 

The Clerk read as follows: 

Strike out all after the enacting clause, and insert: 

That all right, title, interest, and claim whatever, of every person comprehended within the fo. ],,.„.:„,, 
enumerated classes, in and to the service or labor of any otiier per.son or persons heUl to service o. \„\.^ 
in any State under (be laws thereof, is hereby declared forfeited; and such persons so held to 8er\ • 
labor, commonly called slaves, are hereby declared forever discharged from such service or labor, i j , 
be freemen, to wit : ^""^ "■" 

First. Of every person who shall hereafter act as an officer of the army or navy of the rebels in ,j,rm« 
against the Government of the United States. 



Secondly. Of every pt-raoa wlio shall hereafter act .is President, Vice-President, member of Con 
idge of any court 
"States of America. 



judge of any court, cabinet officer, foreign minister, commissioner or consul of the so-called Confed 






Thirdly. Of every person who shall hereafter act as governor of a State, member of a convent!/ _ 
legislature, or Judge of any S.iie court of the so-called Confederate States of America. iT 

Fourthly Of every person wijo, having held an office of honor, trust, or profit in the United A.atp- 
eliall hcteafler hold an office in tii« so-called Confederate Stales of America. /Diaica, 







}-■ ^- 



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riflhly. Of evon- person wlio shall liereaftor hold any office or affoncy iinfler the gnvemment of tl5e 
eo-calli'ii Oonfi'Jcrlite 6tiili-s o( A.Pifric;i or utnlcr any orihc >^ovcriil Stales of the !<:ii(l cniife(lrra''y. or the 
laws thereol. whether fifh office or af<eiiev Ij<' iialioiial. Suite, or miuiieif>:il in its name or character: 
Profiled. That the [M-rsons tlilnlly aiul filililv above descrihid shall have aceepted their aiipoiniment or 
election since the date of Die uretcndcil onliiiance of Secession of ih« Stale, or shall have taken an oath of 
alleaiance to the so calle<l llontcleratc Stales. 

Sixtlily. Of everv person, not .•inl)r:iceil in the foretroinij classes, who. after the passage of this act, 
beini; actuallv, willfidly. and wiihoiii coercion r>r coinptilt-ioii eniraared in armed rebellion ajrainst the 
GovernmHnt (if the Uiii'ed Stales, siijill not. within si.xiy days afier public warning; an<l proclamation 
du y given and made, at h's discre'ion. I)y the Presidt iit'of the United States, .ay down his arms and re- 
turn to his alleijiance to the United Slate-. 

Sec. 2. And "-e it further eniicted, Tiiiit the President shaM appoint < ne or more commissioners for 
each State i.y whose laws persons are held to service or labor for lite, to (oalfe a list of the names and 
residences of- the persons in tlie Slates respectively held to service and labor by any person or persons 
described in the forestoing section and in the lourth section of an act entitled "An act to confiscate pro- 
perty used for insurrectionary purpose-i,'' approved Au^usi si.xth, eiittiteen hundred ami •'i.xlyone and of 
the names of the persons claimiiii; to be enliilcd to such service or labor, which list shall be returned as 
speedily as may be to tlie dislnel eourl of the Uniled States for th- district where the [>ersoiis so held to 
service or labor may reside: and im ne liaiely on such return the district court shall |)iibiish the said list 
of names and an order reiiuirin.; all persons elaimin .- the service or labor of any ot the |)ersons named in 
the list lo appear and show cau-" • why the person or jie-sons owintj lal)or or service should not be dis- 
chafiied therefrom und.-r this act at the next term of said court: and on failure of any one to appear and 
claim the service or labor of .my oMIi- persons reported ti. owe the same, sueh per on or pers ms shall be 
declared free by the c lurt: and on apiiearance the claimant siiiill tile with Ins apolieiuion an affidavit that 
he has not belongecl and <loes not belonsj to any of the classes of persons specified in the first section of 
this act, and that he will forever bear true faith and Mjieiciance to the United Siat s; and if not beina 
comprehended in either of thi^ classes specified in the first, second, third, f >iirtii or flfih specifiealions i>f 
tlie first section of this act, he shall have been enaraged in armed rebellion atrainsi the ftiiveriimeni of the 
United States after liavinij received sixty days' warn ins; by iiroolamation of Ihe President, as a ove pro- 
vided, and shall alleire that he has been so enaaved under compulsion, he shall, in addition, srale in his 
affidavit the fact and the manner of compulsion, and prove ilie same, prima facie, to the satisfaction of 
the court; and upon such affi lavit haviii.r been filed an-l proof made, the attorney for the United States, 
or any one on behalf of i.he pers m held .0 service or labor, must i)rove to the satisfaction of the court 
that the claimant <lid so eii';a'.;e in armed reb llion without the cinpulsion allejred. and on failure of 
such proof the pers m whose fcrvice or lal)or is cl.-iimed shall be restored to the claimant but on 'he 
failure or refusal of any claimant to lake a'lv affidavit above required, or to prove the coinpiilsion when 
it is alleged as an excuse, the court siiail declare the person whose service or labor is claimed free from 
tsuch service or labor; and the court shall give every person so declared free a certifleate of the fict under 
the seal c)f the court.; and su.-h c, rlifieate shall lie e inelusiveevi len.'e of the freedom ofsuch person from 
all service or labor aganisi all persons whatsoever, and in all courts of the Slates or of the United Slates; 
and any person so d.tclared free, if thereafter selzeil or imorison -il or h dd in duress in any w:.iy by any 
person umler a claim to such person s service or labor, -hall be firiliwith discbarired on habeas corpus 
by any court or j idge of the Ifnited Slates: and the court or judge acting on s.iid writ shall commit 
for trial for kidnapping the person so holding th) said freelnan; and on cimvietion of seizinir or 
holding tha said fr.-ed am. kn >,vin; liim ti Uiv. b.!e i lee'a.-e I fr-i by a court of the United States, 
the person so convieti'd shall be sentenced to be confined at hard btlior in the penitentiary for not 
less than one year nor more than five years; and any person corruptiv swearing falsely in any pro- 
ceeding under this act shall be guilty of periury, and liaiile. on eonvirtio i, to the penalties thereof. 

Sko.S And be it furthef en oted. That any pers m or persons held to g -rvice or labor bv personsem- 
braced in the clashes speciHeil in ine first section of this act, if omitted iroin the commissioner's list, may, 
on summary application to the dist ict court of the United States for the district in which he resides, 
be placed on the list, and shall be entitled to the same procee in'^s and lieneflts. and subject and entitled 
to the same judgments and to be dealt with in the same manaer a- if his name had been placed on tho 
list by the commissioners. And if the commissioners cannot com'dete iheir lists prior to the first term 
of the district court of the Un ted States fir any district, they shall be allowed lo continue and pursue 
their investigations till thev shall be completed and ended; and the compensatiim of each shall be LOt 
more than two thousand dollars. 

8eo. 4. ■'Ind be, it f'wHhef eniicied. That no person discharged under th's act or the act entitled " An 
act to confiscate property use I for insurrectionary purposes" approved August sixt ■. eighteen hundred 
and sixty-one, nor th« descendants of any such person, shall ever be re'luced to involuntary servitude 
by any law or regulation of anv Stale: and every such person shall always be eititled to be discharged by 

uv court or judgt ofthe United Sates, on habeas cnrpif, from any such servitude. 
tipaVr^- And he it fitrtker e7iacteA, That whenever anv person or persons claiming lo be entitled to 
I • h '^ or labor' of any other p-rson or persons, commonly called slaves, shall seek to enforce such 
tvr fhe^iw •■ t'ley (as the case may 1.4..) chuii. in the first insiance, and tiefore anv order shall be made 
' "-^ Trrender uf the person, establish, not only a ipjrid an<l vaful claim to sueh service or labor, but al.'o 
maive an^^j file an affidavit that he or they have not belonged and do not belong to any of I e classes of per- 
^^'^^ I '■[•cifled in the first section of this act ; and ii shall be a sufficient defence to any such claim that 

I V^'llraant h s belonged or does belon r to either of said classes. 

o- t ■*'■ ^'"' ^>e- it, furtlie I- emu-ted. That the President of the United States is hereby authorized to 
^^""'fete for the acqiiisition by treaty or otherwise, of lands or countries in Mexico, Central America, or 

■ I ■America, or in the islands of the (Julf of Mexico, or for ilie right of settlement upon the land^ of 
^'^ Countries; and whenever any lands shall have been so acquired, or whenever Ihe riifht of .settle- 
™®"Xshall have been so seciired"in any of saiil lands, then the P.-esident shall cause all Ihe persona 
^^ "''Jshall have been liberated under the provisions of this act to be rcmoveil, with their own consent, at 
^'"^W limes and under su'-h regula tons as he inav deem expedient, to the countries so acquired, or in which 
J:''® »ifrhi of settlement has been so secu-ed, a .d shall cause a reasonable quantity of land, not exceeding 
, fiacres to any individual, or eighty acres to the head of a family, to beset apart for the use of such liber- 
f .' i persons, and shall guarantee to all such persons so removed all the civil and poHtieal rights secured 
?. ' |l other citizens in said countries; and for the purpose of paying the expense of the purchase of such 

■41s or countries as aforesaid, (if the same cannot be acquired by treaty.) am.' the removal of said per 

?j !\of the property formerly owned by rebels, ami which shall have been confiscated to the use of the 

a -\d States. , , , 

fifSi '\f- •4"''^ ''*'-' /'w'"'^'""' enacted. That every person embraced in a-iy of the classes specified in sec- 
orLnflt' <><' "i"* =»'■' '"'>'" '""r''»''T hereafter be in-apable of holding or ixercisiug any uUice of houor, trust, 
or Koni ^(jyj ijju GowTumout of the Uuitwl Sltiics. 



Jlr. BIN'GITAM. I ask tlie s^entlcmji'i fnun In-li.ina to allow me to 6U2;gest an amend- 
ment f<ir the piiriiose of making clear tli« legal elieet of ilie second sectiou of the substi- 
tute wliicli lie inopo^es. 

Mr-. PtJKTLU. I shall be compelled to decline the request, of the gentleman from 
Ohio. It 1 open the way lor one 1 must admit all. 1 it.-prclfull}', iheielore, decline to 
jiel.J. 

Air. BINGHAM, llv only purpose was to Rug<;est an amendment for the purpose of 
cari-^intr out what evidei.tly is hi> object in the second flection of the bill. 

iir. lllCKMAN. 1 rise to a question of ord-'r. This is not i he time to offer amend- 
ments. There has b^en no reconsidei-ation, and it is not competent, therefore, for any 
aiiiendmeni tu be offered. 

The SI-'KAKKli The chair thinks the question of order cannot be raised until some 
amendment, is piopo?ed to beoffeied. 

Mr. lllCKMAN. The gentleman from Ohio desiied to offer an amendment, as I under- 
stood. 

The SPEAKER. The chair did not so understand him. 

Mr. I'uUl'J'.R. While 1 cannot give way to tlie gentleman from Ohio to offer an 
aniendiMcnt, 1 am willing to heai' his suggestion. 

• Mr. TIloMA.-^, of Ma^^!lchusetls. 1 lise to a question of order I do not understand 
that it IS in older for the gentleman to yield the fioor, and 1 must object to any pro- 
ceeding that is not strictly in order. 

Mr. U.AWKS. 1 shoulii like to make an inquiry of the gentleman from Indiana. 
Air. 111CKM.\N. 1 object to the gentleman from Indiana giving way for any purpose 
wh;itever, UJiless he does it uncondilionally. 

Mr. Da WES 1 was merely going to iiiake the inquiry whether I understood the gen- 
tleujan from Indiana correctly, to indicate his j)urpuse not to permit any amendment 
wliatever to his pri position. 

Mr. BliNGllA.M. 1 must object to any inquiiy. If the gentleman from Indiana can- 
not be permitted to yield to one side 1 object to his j-ielding to the other. 

Mr. THOMAS, of Massachusetts. 1 will meiely s-ay that 1 am willing that there shall 
be a fiee inquiry, if the question can be opened to all of us. 

Mr. DAW E-). 1 wish to say with the consent of uiy friend from Ohio 

Mr. liiiNGiiAM. 1 object. 

Mr. I'OKTEi!,. The question having been put by the gentleman from Massachusetts, 
I have the right, notwithstanding it may have been out ot order, to answer it. I will, 
therefore, say that it is not my purpose ac this time to receive amendments, nor do I 
eui>pose that any amendment is in older. My purpose is, if the motion to reconsider 
shall prevail, to move to recommit tlie bill to the special committee, with instructions to 
i-ej)(irt the substntute which has been read at the clerk's de^k, unless it shall be the 
desire of the House to act liiialiy ui>on it at this time. Wlieu that substitute shall 
have been reported, it will be within the discretion of the House to receive or refuse 
amendments. 

Mr. Speaker, I have said that the purpose of this bill was to strike an effective blow at 
the leaders of this rebellion, but not at the same time, like the bill reported by the gen- 
tleman from Massachusetts, to menace or disturb the constitutional rights of the loyal 
citizens of the slaveholding States. 1 have said that its purpose was to deprive the leaders 
of this rebellion of their [iroperty in slaves, but at the same time not to destroy the se- 
curity of the domestic institutions of any of the slaveholding States. 

Mr. WlCKLlFEE. Will the geutlemau allow me to ask him a question? 
Mr. IIICKMAN. I object. 

Mr. PORTER. The point of order having been made, I must decline to yield to anj'- 
body. 

I do not affect to disguise, sir, that if the substitute which T have indicated shall be 
enacted, it will operate to emancipate a very large number of slaves. Nor,sir, do I doubt 
that it will quite nearly, if not altogether, destroy the institution of slavery as a mere 
political and governing power. iSor is that to be lamented. But it will not destroy it 
as a domestic institution, nor impair, in any way, the riglits of the loj-al people of the 
slaveholding States. 1 think there are few persons of sober judgment who will not now 
admit that if the institution of slavery had nor, been wielded, as it has been for the last 
few years, as apolitical jiower, it would have been far more secure, and that the interests 
of those who are concerned in it will be best subserved by forever withdrawing it from the 
fields of political strife. The emancipation of the large number of slaves who would be 
set free by the operation of the substitute which has b;en read, would not tend, if al- 
lowed to take place [)eaeefully. to weaken or im|)eril the rights of loyal men in the slave- 
holding States to |)trsuns held to service, nor disturb their industrial interests, nor loosen 
the fouudalions of social order. A conspicuous proof of the truth of this assertion is fur- 
nished by the State of Maryland. W'ith the exception of a partial insecurity in that part 



of tlie State next to an extensive border upon a free State, arising from facilities of escape, 
tliere is no State in whicli slaves are held more securely tljiiii in the State of Maryland. 
Yet, according to the eenpus of 18(iO, with a slave po])iiliilion of 87,188, she li;ts a liee 
colored pt)pi]lation of 83, 718. One-linlf, llierel'ore, wiihin a small Iracl.ioii, of ihe cdloied 
]>o])ulali(>ii of that State are free. Yft who has ever heard that the presence ot that fi ee 
population has excited inieas-iness oi' alarm among the owners of slaves, oi' has weakened 
the tenure by which slaves are held to service, or has injured the industrial interests of 
the State? 

lu 1859, when the. slavery ngitalion whs at its height, thert' was held in Baltiniore what 
was distinctively known as the "Slaveholdei-s' Convention of the State of JMaryiand." Ic 
was a large assembhige, and none but slaveholders were admitted as members. A reso- 
lution that the legislature of the State should be requested, at its next session therealter, 
"to terminate free negioism in JMarjland at an earl) daj', find on the most advantageous 
terms to the white population," was defeated, and a resolution was adopted that the 
convention considei'ed " any measuie foi- the general removal of the free blacks fiom the 
State of Maiylaiid as impolitic, inexpedient, and uiu-aded for by any public exigency 
which could justify it." The report, which embraced this resolution, was jirepaied and 
presented to the convention by a distingui.-hed Democrntic slates-man ot the State of 
Maryland, now honorably repiesenting I hut Slate in the other wing of this Capitol, [Mr, 
Peakce.] I quote from the report the following signiticant passages: 

"The existence of so large a number of free blacks in themiilsi of a slaveholdiag St.nfe, is believed to be 
of itself an evil, am) this evil is readily iierctived to he greater when it is cdiisidered th:it a portion of theni 
are idle, vicious, an<l unproduetive. T/iin. lioicerer,iK not the eiixc uitli the mdjvfit.y oftliem, and their 
removal woul/h itn the committee believe, he fur yreater tluin nil the eHln the }ieo]>ti' or Mori/ldiid eoef 
tivfferoii from them. In the city olBalllmore it is estimated that there are more than 25.00U of ihem, em- 
ployed chiefly as domestic servants or laborers ^n various deparuiients of industry. In many of the rural 
districts of the Sinle. where labor is by no means abundaiu, lliey lurnii-li a lartce supply (^f aeru-uliural 
labor, and it is unquestiiinat>le that quire a large porU. ii ot our sod could not belilUd wilhoul their aid. 
In some districts they supply almost all the labor demanded by the farmers. Their removal trom the 
Slate would deduct nearly 50 ik'r cent, from the household and agiieultural labor furnished by peoi)le of 
this color, and indispensable to the people of the State ; would produce great discomfort and ineouveni- 
eiice to the great body of houseliolders ; would break up the business and destroy the jiroperty fif large 
numbers of land-owners and land-renters— a elass whose interests are entitled to as much consideration 
as those of any other portion of our citizens ; would be harsh and ojiprepsive to those [leople themselves ; 
would violate public sentiment, whieli is generally not old} just, tiu kindly, and woidd jirobably had to 
other evils which the committee forbear to menti(in. We are satisfied that such a nita.sure could not re- 
ceive the legislative sanction, and would not be tolerated by the great body of the i)eople of Maiyland, 
evemiitlithat fKuiction. The committee, therefore, cannot recommend their cxjiulsion from the State. 
Still more unwilling should t' ey be to (avor any measure which looked to tlieir being dejirived ot the right 
to freedom which they have acquired by the in<iulgence of our laws and the tenderness oi their masters, 
whether wise or unwise, or which they have inherited as a birUirighl." 

This, sir, is the tribute which the slaveholders of Maryland have paid to the charac- 
ter of their free colored jioptilation. It is the most authoritative expression which 
could possibly be tittered. 1 cite it to show that the emaiicipation piojio.^ed by the 
sttbstitute wliich I have oifered would produce no rude shock of the social system of 
the South, would not suddenly overthrow their domestic institutions, nor be, in any 
way, calamitous to their agiicultuial and other industrial inteiests. Tlie fieedmen 
"would remain, as in Maryland, to fill up, pencefullj' and efficiently, the several depart- 
ments of industry. Traitors would, indeed, be de[irived of the rewaids wrung fiom 
their labor, of the weabh reprtsenled in their persons, and of the influence which that 
wealth confers upon them; btit society would sufler no detriment. 

The deductions from this extiniple are so ajrjK site, that 1 caiiiot forbear to allude fur- 
ther to the State of Maryland. T he reckless ogitatois who desired 1o ex|iel the free ne- 
groes from the State, having failed to secure the approviil of the slaveholders' convention, 
nevertheless introduced a kindred pioposilion into the next legislature — that legislature so 
largely disloyal in its comjiosition, that a niajority, ] believe, were placed under attest 
by the Goyernment, on account of their undisguised sym[)ath\ for the rebel cause. They 
8U'-eeeded in procuring the f>assage of ti law, limited in its jnov siunsto the great slave- 
holding counties of St Mary's, Calvert, Howard. Ktnt, Bulliuture, Wox'ester, Somerset, 
Talbot, Queen Anne's, Prince George's, atid Charles, providing that all negroes, male and 
female, over twelve years of age, ehould hire themselves out to " industiious and re- 
spectable citizens," to labor and service by the year, and, in tlie event that they did not, 
thej- were to be exposed to sale to the highest bidder for the term of one year. Chil- 
dren from four to tw'elve years of age weie lo be bound out by the boards of commission- 
ers, the males to serve until twenty one years of age, the females to the age of thirty. 
Any negro, hired or bound, who should abscond, secrete himself, or run away trom service 
was to be sold i|ito slaver\' for life, and the jiioceeds of the sales weie to be appropriated 
to the school fund of the proper ctuiiity (or the educatiun of while childien. This infa- 
inous enactment could not make its way through the legislature, unlil a provision was 
inserted that it should not take ell'cct iu an}' of the counties to which it was applicable, 



tiDtil approved by the people by an exprepsion at the polls. It -was, thongbt, liowever 
that a MiiJk-iei)t bribe had been ofVeied to the cupidity ot slaveholders to induce them to make 
ha^te to fuit it into efiect. But, sir, wl)at, was the res^ult? The expie-sion was- takt-n at 
the Pres^idtntial election of 1860, and in but. a single county did it secure the ai)iiroval of 
a niiijoritA of the voters. In tiie great county of Baltimore, agaiiist a vote ot 081 cast; 
for it., 5 854 votes were cast against it. In Howard county, 55 votes were caft for il and 
],:-;i)7 against.it; in Kent county, 74 votes were cast for it, and l,50'-i against it; and 
these are little less than fair sampUs of the whole. The law, let it be said to die houor 
of the people of Maryland, was re[)udiated by them with utter scorn and disgust, bir, I cite 
this, in the face of timid and a]iprtheiisive"siieciilation, as the result of the practical ex- 
perience of a slaveholding people. It is worth a world of theoretical arguments, iu 
reference alike to the etl'ect of emancipation, of the presence in huge numhers among 
the servile class of a free population of their own color, and of the results to the industry 
and w<allh of tlie ytate. It shows liow entirely groundless and visi<'nary are ti\e appre- 
hen.-ions, invented by many mistaken, though honest minds, iu others of the border 
bluveholding States, to alarm themselves and u.«. 

1 am sure that the Representatives of the free border States would not wilfully do any- 
thing tending to trerch upon the rights of their neighbors in tlie slaveholding Stales, 
or to indict upon th( ni needless injuiy. There at« no two States, perlia]is, ihat are more 
indissohibly attached to each other by the ties ot intiiiiate conmierciai ii.tercourse, of kin- 
dred, and of cherished rnen;ories, than Indiana and Kentucky. We in Indiana can never 
fuiget that when in our infant territorial condition our homes were invaded by a baibar- 
ous and savage foe, and our helpless women and children Avere exposed to tlie merciless 
cruellies of the tomahawk and the seali'ing knife, the brave young men of Kentucky vol- 
unteered to flock to our aid, in oider to drive lack the cruel invaders. We r( member, 
sir, tlie gifted and gallant Daviess and the brave and intrepid Owen, who bi.th lell at Tip- 
pecanoe, and whose remains rejx.se within cur bordeis beneath the soil of the battle- 
field. Indiana has erected a monument to their memory, and their giaves will be a jier- 
petual reniembianeer of the debt of gratitude which we owe to the people ot Kentucky, 
^or, 1 trust, will Kentuckians ever fail -ratefully to remember that when recently their 
State was invaded by a foe which has imitated rnany ot the examples of savage baibarity, 
coming to desolate their fields, to insult their households, and overthrow their ci\ il insti- 
tutions, the gallart soldiers of Indiana in almost countless thousands rushed to their soil 
to assift in rendeiiuir them protection. The graves <d' our gallant young men who fell 
at Mill Spiitig. at "Wildcat, and at Rowlett's 'i.re a touching memorial of the hereditary 
friendfhip ol ilie two States and the token of a biotheihood which I fervently trust iu 
God ma} be [leipetual. 

But w-hile we will do nothing that will invade the rights or impair the safety of the 
border slaveholding States, no false«delicacy shall induce us to withhold the rough hand 
of puni.shmeut from those atrocious conspirators who have added to the ordinary guilt of 
treason the denial igniminy of ha\iiig cons]iired to overthrow a government Irom which 
they have experienced notlmig but blessings, and under whose beneficent jirotection the 
people have enjojed a degree ot libeity, e(jualiiy, and prospeiity never before enjoyed by 
the most favored nations. To fail to punish thtm memorably would be treason to pos- 
terity. 

jS'or is there any pnnishment which we could inflict, next to the forfeiture of their lives, 
■which -would strike ihtm so vitally as the Ijbeiation of their slaves. The ownership of 
slaves is, in the South, the badge of social distinction. It brings the possessor in sympa- 
thy wiih the goveriiii g classes. It is the basis of jieimanent political ii fluence. A con- 
nection with it has enabled the conspirators— having failed with other agencies, and aim- 
ing for their ov\n ambitious jiurposes to overthiow ihe government — to make it the in- 
strument for spreading alarm and discontent and kindling the flames of civil war. Let 
them feel that they have taught instructions which, being taught, return to plague the 
inventor. If the detested counierfeiter fo)1eits the instiument of his ciime — if tiie smug- 
gler, engaged in uidawful trade, forfeits the vessel and cargo employed in it — if the slave- 
trader hirteits the ship used for the purposes of his infernal trafbc, and the law sanctions 
and human nature applaudt — with how much more justice should tiaitors forfeit their 
elaves who have n.ade slavery the inftrument of lebelliou, and have brought on a war 
■which has exhausted the treasures of the nation, broken up its commerce and industry, 
desolated its choice^t fields and habitations, and filled it with sorrow and wailing and 
unutterable woe. Sir, if we should allow the red' handed conspirators who have brought 
on this war to revel in the rewards wrung from the labor of bondmen, the blood of the 
murdered brave, fallen in battle, would cry to us from the ground. Familiar though I 
am, I'loni no short residence in a slaveholding State, with the feelings and jirejudices of 
the people, I stand here amazed when I see the loyal representatives from the States of 
Kentucky and Missouri and Tennessee, controlled by timid apprehension, jdeading, as it 
■were, for traitors, by begging that they t>Lall be spared Irom the loss of the slaves -who 



6 

have not peldom been made to build the entrenchments and fortifieationp and to mnn the 
puns atid help to (ill llie le^jiments before which their own gallunt and devoted brave 
hav<' I'allen in the strife of battle. 

Mr. I'llELI'ti, of Missouri. I desire to propound an interrogatory to the gentleman 
from Indiana. He lias appealed to the delegation of the State of Missouri. 

Mr POllTKR. I have no indisposition to yield to the gentleman from Missouri, if it 
be in accordance with the jil«asure of the House. I know that there is no more patriotic 
man in the House, and none moi'e disposed to do whatever he thinks is best to overthrow 
this rebellion. I believe that he gravely errs, however, when he seeks to shelt^i' the con- 
ppirator.s, engaged in attempting to overthrow the government, from the forfeiture of 
their slaves. 

Mr. rHKLPS, of Missouri. The gentleman from Indiana has correctly stated my posi- 
tion — that it is my desire to do wliatever I can to suppress this lebellion and to restore 
tha Union. But my judgment does not agree with his on the question of the govern- 
ment of the African lace in this country. It is a question of subordination. I believe 
that the African race can better be kept in order and in subordination by having 
masters than they can be by being suddenly turned loose upon any commnnitj'. So 
thought the people of Indiana. And the gentleman from Indiana has appealed to me 
to know why the delegation from the State of Missouri oVyect to the passage of such a 
bill. Wiiy, sir. did the people of Indiana object to this very people n.igrating to 
their State? If jou emancipate the slaves in Missoui'i, under •e.xistii g laws of that 
State they are to be e.\peilfd from it. "Where are they to go? Kot to Indiana, because 
the citizens of that State have said that they do not want any moie free negroes. 
Kor do we want iren negroes in Missouri. 

This view of the question is entireh' on^ of expediency. I have expressed the opinion 
that Congress has not the authority to confiscate property of any description. I hope to 
have the opportuinty at sonje futuie time to address the House on this question. Because 
the gentlemun from Indiana has now a]>pealed to the delegation from Missouri, I desired 
to correct liim on this point. The gentleman is not willing to receive the manumitted 
slave into his State. It is because they are a subordinate people and incapable of taking 
care of themselves as a class, that they are not wanted in Indiana. You will not receive 
them in Indiana, and we do not want them in Missouri. 

Mr. POIlTEPu I propose, before I get through, to allude to the policy of Indiana: but 
it is enough to say here that in Indiana we have a sufficient laboring population of white 
people for all the purposes of agricultural and other industrj'. In the organizition of our 
ytate government, we elected in favor of the white race by prohibiting the institution of 
slavery. But in Missouri, you preferred to have your resources developed and your indus- 
trial interests prosecuted by anegro pojiulation. You chose the institution of negro slavery, 
and you chose it, as the lawyers would say, cimi ongre — with its burdens. History had 
ehowu it never to have been a relation of undisturbed and long continuing permanence ; 
and the lights of history were around you. You agreed, therefore, in accepting its ad- 
vantages, to submit to all the inconveniences which might necessarily spring from it in 
the course of time and events. If, therefore, to quell jiresent rebellion and to destroy the 
seeds which might germinate future trouble, it is needlul to set at liberty the bondmen of 
traitors, the inconveniences to follow (if there be any) and the duty to be just to the freed- 
men, is yours, and you cannot fairly shift either the burden or the duty u|iou us. But I 
had anticipated your argument by citing the example of Maryland, where the policy both 
of expelling and of I'educing again to servitude the free colored population has been con- 
demned by an overwhelming popular expression, upon the express ground that they were 
profitably employed in the several departments of industry, and that any jjlausible con- 
veniences which it might be alleged would follow their removal or re-enslavement would 
be far more tlian oveiweighed by great and manifest injury to the Stale. Missouri would 
Dot be likely to suli'er worse evils than Maryland. 

1 propose now, Mr. Speaker, to explain very briefly the provisions of the substitute 
which i have ottered for the bill reported by the gentleman from Massachusetts. 

The first section specifies the several classes of persons whose slaves are to be emanci- 
pated. And first in the list, because most conspicuous in crime, are the officers of the 
army and navy of the insurgents. These, in good part, were educated at the expense of the 
Government, and engaged by the most solemn pledges which could bind the consciences of 
men to maintain with their lives the honor of its flag. Thev falsely deserted the Government 
at the earlicbt hour of its extremity, and hastened to lend to treason all the advantages of 
skill and science which their edueation had conferred. The heaviest calamities which the 
nation can inflict ought to be visited upon tiiem, and they shouM not be allowed to sub- 
sist upon the labor of men who, however degraded in the social scale, are far better enti- 
tled to the enjoyment of fieedoin and the prottction of benign laws than themselves. 

The second and third specifications embrace all those who shall hold prominent 
•oilicial positions under the go veruuieut of the so-called Confederate States, or of any State 



claiming to be a memher thereof. This will reach chiefly those faithless public men who, 
wlii.e lioidiiig and enjoying the rewards of honorable offices under the Governinent of the 
Unied Stutt-s, were engaged in secret coiiibinatioD to subvert it, and were using all the 
adviiniages of official Jt.ition and patronage to extend the ramifications of the wide-spread 
conspiracy which lias liiient-d inlo rebellion and war. 

The fourth and lifili spcciticatiuns embrace those whose offices cannot be precisely 
named, but who are involved in the criminality of maintaining the machinery by which 
a color of nationality is given to the rebel organization, and are engaged, in great part, 
in enforcing obedience to laws subjecting to peiiallies those who hold fast to their alle- 
giance to tlie Union. 

The sixth Bj.ecitication goes an important step further. It extends to those who, in 
spite of the manifestation of the power of the Government to preserve itself, still siiall 
pcrrist, after timely and solemn warning, in remaining in arms against it and stubbornly 
re.Msting its authoiity. It does not embi^ce those who shall be in arms under conscription, 
or who cannot escape fio u service without subjecting themselves to the stern penalties of 
military law ; but it is meant to reach those contumacious spirits who, in the tace of all 
light and from implacable hatred of the Union, mean stubbornly to oppose it to the 
end. Whatever may be the number whom this specification may embrace, can the justice 
of the puikishment be otherwise than universally approved? 

The time and the occasions when the President shall insue his proclamations of warning, 
are left to his own discietion, in order particularly that they may be made in sueli 
uianner as fairly to come to the knowledge of the persons to whom they are addressed. 

The second section of the substitute is of the highest importance to an etficieuo bill and 
it supplies what 1 regard as a grave omission in the bill of the gentleman from Alassa- 
chusetts. Tbat bill, after declaring what slaves shall be emancipated, provides ihat 
whe.iever any person claiming the labor or service of any such slaves shall seek to eii/orcc 
his claim, it shall be a sufficient defence thereto that he was eCigaged in the rebellion, ttc. ; 
and that whenever any person claiming to be entitled to the service or labor oi any 
oilier person shall seek to enforce such claim, he shall before anj order of surrender shall 
be made, establish not only such claim but also that he had not aided, assisted or counte- 
nanced the rebellion; but uo penally is prescribed against the rebel who shall per.-ist, 
notwithstanding the right of the slave to be released, to hold him in servitude, nor is 
any remedy provided by which the slave thus held shall recover his freedom. Only the 
case-of an escape and an attempt of the claimant to recover by legal proceedings the es- 
caped slave, IS provided for. Bat the subititute which I have olfered, provides for the 
appointment ol commissioners in each of the slaveholding .States, whose duty it shall be 
to make hats of the slaves of all persons embraced in the specificadons of the first sec- 
tion, together with the names of the masters. The lists, when preiiared, are respectively 
to be reported to the district courts of the United States for the i)roper districts, and the 
claimants are to be uutified of the tiling of the lists and required to show cause why 
their slaves shall not be declared free. 

• If a claimant fails to answer to the summons, a record is made of the emancipation of 
his slaves, and eertifioates of freedom are issued to them. If he appears, it is incumbent 
upon him to make an affidavit, and show by prima facie proof, that he never has be- 
longed to any of the clashes named in the first section, and likewise to state in his 
RlhUavit that he will bear true faith and allegiance to the United States; otherwise 
the slaves arc declared and certificated fr- e men. But if the affidavit and proot are pre- 
sented, then It is incumbent upon tne attorney of the government or slaves, to overcome 
this proof by preponderating evidence to the contrary, and upon such preponderating^ 
evidence being adduced, the slaves are, of course, declared free, and receive certitica^^ 
These cc.itificates are to he. .-...wJusiv.^ ovi^l^.,,.^ of r-., .l.^.n in =ill f-nnrta of the hMtes. 
the United Slates. . , .. i emancipated under its provis- 

The substitute offered also provides, that if a ^lave, emancipa e ^ ^^ 

ions, shall be held in servitude or restraint -'^f !^^f ™„\? J '^ ^U J ^d States court^ 
8hal forthwith be discharged upon habeas corpus by anj J"';?^^ \,^ ; ,^ „^i„,,, ;„ ,^U 
In this way a sure remedy IS V^^T^^t^^^^^^^^Z^^ ^^^^l t=o Ins .,A 
,..>ses if the remedy were limited to State tnljunals, oe nuiti , United States 

catmn. Under the laws now in force, regulating ^'^^''''nTouIht to be released is 
rrS; the.a..^ cor,., ean only ^^^^^^^ ^^^ dl!m.^ iej^latiou is 
held under color •f the authority ot the Umted ^''^'^e*; /" ,, , w, o^iissioa from 

hlrefore indispensuMe to the efficacy of an emancipation bill, and its o«u 
tie bill reported by V., gentleman Irom ^\--«'-'-^\VroT'Sd I'^ve spoken, are 
While the puLlic reco..] and certificate ot emancipation ol ^^ "\' y^'',,, . ^^ ,„ ji^pen- 





8 

011 899 251 9 

valid claim, but that lie never belonged to aay of the 3X5^ 

tion of the substitute. 

The last feature of the substitute to -which I shall allude, is that which provides for 
the acquisition by treaty or otherwise, of lands in Mexico, Central America, South Ame- 
rica, or the islands of the Gulf, for the colonization of the ne2;roes emancipated under 
its provisions. It is designed to inaugurate a policy which will gradually and peace- 
fully draw off from us a race which, from the prejudices of caste and the aversions of 
color, must always be an alien and degraded one. It is founded upon the idea of es' 
tat)lisiiing our colored population in troj^cal homes, under circ\unst,ances which will 
incite tiiem to industry, and repay temporary outlay by the solid and enduring benefits 
arising from commercial intercource. Already our "trade with the colony of Lihei'ia is 
greater than our ttMde with the vast empire of Russia ; our commerce with the col- 
ored race of Hayti exceeds our commerce with P>,ussia; and if a wise and considerate 
policy is pursued in the practice of colonization in the tropical zone of our continent, 
much more important results may be safely anticipated. The policy of my own State, 
to which the gentleman from Missouri has alluded, has not been prompted by a mere 
cold and seltish prejudice a'jainst the colored race. The State has purchased lands in Li- 
beria for sucii of the colored po[)ulatiori as may choose to emigrate tliereto, and has, for 
nianj- years, made liberal annual appropriations to aid in the voluntary colonization of 
her colored inhabitants. Siie treats humanely tho^e who do not choose to e^o ; but she 
desires a separation of the races. The acquisition of lands in the countries mentioned will 
not be difficult or expensive. The inhabitants being composed of mixed races, there ia 
no prejudice against color. Guatemala and Honduras have already signified their readi- 
ness to receive such colored inhabitants as we will send to them, Tiie proprietors of the 
large grant in the province of Chiriqui are ready to receive them. Providence seems to 
be tempting them, by the greatest inducements, to settle in these auspicious tropical climes. 
And what more just — what more lit in the retributions of Providence — than that the 
monies derived from the confiscated property of the rebel leaders, who have endeavored to 
pervert the institution of slavery into an age'.«ey to subvert the government, thould be 
the means, at once, of removing and elevating tlie colored race? 

1 have thus, Mr. Speaker, hastily glanced at the prominent features of the amendment 
in the nature of a substitute which it is my purpose to offer, if the motion to reconsider 
shall prevail. It is not, indeed, so broad and sweeping in its provisions as the original 
bill; but it will be much more efficient within the sphere of its application. The univer- 
sal sense of the people will sanction it, as measuring out punishment where it is deserved, 
and inflicting a blow, at the right time and in the right place, upon the unscrupulous 
chiefs who have led the movement to overthrow the Government. When they shall 
have been brought down from the proud elevation to which their wealth and social po- 
sition have exalted them, by the stern hand of an incensed Government, the deluded 
people, after they shall iiave had a brief time to recover from the wretched infatuation 
which has misled and excited them, will be happy to take refuge from the accumulated 
evils which rebellion has bi'ought upon them, under the laws of that benign Government 
which so long furnish, d them shelter and protection; and no "star of destiny" (about 
which they have heard so much) will be to them so bright and auspicious as that which 
symbolizes to each his own State in the azure field of the old flas;. 



The motion to reconsider prevailed — ayes 84, nays 6^ 
with instructions to report Mr. Porter's substitute. 



and the bill was recommitted, 



L. Towers & Co., print. 



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